The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete sexual assault treatment programs with imprisonment of two years and half years and eight hours) is too unreasonable.

2. The crime of this case committed a similar rape, such as: (a) the Defendant’s young women returning to the Republic of Korea late at night, from subway to the subway, led the Defendant’s swimming to the right place from the subway, booming him, etc.; and (b) b) the Defendant’s negative fingers into the victim’s negative fingers; and (c) resulting in the Defendant’s injury to the victim.

The crime of this case seems to have caused severe sexual humiliation or mental suffering.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against himself/herself, and he/she is paid the amount equivalent to the victim during the trial, and he/she has received the letter, and the injury suffered by the victim due to the crime of this case is not severe.

There is no criminal history against the defendant.

These circumstances are favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in this case, and the scope of recommended sentences and the criteria for suspended execution based on the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence against the defendant is too unfair.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;